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BROOKS v. ANSCO & ASSOCIATES, INC.

No. 9310SC692.

443 S.E.2d 89 (1994)

114 N.C. App. 711

John C. BROOKS, Commissioner of Labor of North Carolina v. ANSCO & ASSOCIATES, INC.

Court of Appeals of North Carolina.

May 17, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Ralf F. Haskell, Special Deputy Atty. Gen., Franklin Scott Templeton, Associate Atty. Gen., and Linda Kimbell, Associate Atty. Gen., Raleigh, for the State.

Tuggle, Duggins & Meschan, P.A. by Joseph F. McNulty, Jr., Greensboro, for petitioner-appellant.

GREENE, Judge.

Ansco & Associates, Inc. (Ansco) appeals from a superior court order affirming the decision of the North Carolina Safety and Health Review Board (the Review Board) upholding the classification of citations for violations of the excavation and shoring standards set forth in 29 C.F.R. 1926.651(c) & (f) as willful and imposing an $8,000 fine.

On 14 November 1989, a three-man crew of Ansco's was preparing a 12 to 13 foot deep, 32 foot long...

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